National Republican., 1887-03-02

Persecuted-Asserts His Innocence
The Court Thinks the Verdict Just.
Col. William A. Cook, when the criminal
court met yesterday morning, resumed his
argument on q motion for new trial In
the case of John L. West, convicted of
housebreaking and assault with intent to
commit rape on Mary Irene Page.
He spoke only some twenty min
utes. Justice Macarthur, in making
his decision, said that he had relieved the
district attorney from making an argument,
not because the one made was not en-
titled to answer, but because most OF the
points presented were not new, and had
been carefully considered and decided after
mature deliberatlon. He had considered
the whole case carefully, and was unable
to see where his views should be modified,
aud, upon the whole, he esaw no good reason
why the verdict should be set aside, and
should therefore overrule the motion.
District Attorney Worthington asked for
the imposition Of sentence upon the
prisoner, and was about calling the atteu-
tion of the court to the statutes for the
purpose Of showing that he could be SEN
been general verdict returned on the con.
solidated indictments.
Col. Cook thought that point settled the
fret day that he spoke.
His honor said that but one sentence
would be imposed, and whatever might be
the power of the court he should not go
beyond that. He should pronounce SEN
tence under the first count Of indictment
No. 184S1, which charged entering the
house with intent to commit rape; that was
in accordance with the facts In the case and
the theory on which 1t was tried. He
asked West II he had anything to say why
sentence should not be passed.
West arose slowly from his chair, looked
around the chamber quietly and deliber-
ately, and then, turning to the court, re-
marked that he had. He said that while
he wished to be fair and not transgress the
rules Of the court, still he must be excused
for saying that he has been m lliciously pur-
sued and persecuted in an unwarranted
and most outrageous manner. He should
not appeal to passion or prejudice, but to
reason. He stood convicted OF three Of the
most horrible offenses known to the law.
He denied most emphatically any intention
Of wrong or guilt as to any one OF them.
The bottle Of chloroform and his presence
in Mrs. Pages room had done much to
affect his case. He submitted that no sensi.
bic man would buy chloroform In the open
way that he did and use It for the purposes
for which he was charged. No sane man,
he contended, would take bottle with the
druggists label on it, as evidence against
him, into room, deluge the woman with
chloroform, try to outrage her while stand
ing and they were struggling together.
This testimony helped to convict him, and
was without reason. The question Of race
and religion, lie insisted, had preju-
diced the jury against him. Mrs. Page
had said on the witness stand that he felt
himself above his race, and this statement
had injured him among his people. He
denied having ever told her anything Of the
kind. He would stand by his manhood,
and be responsible for his acts. He re-
turned to this city as an honest man should
to refute the charges made against him and
clear his name. His name was dearer than
his life, and he would rather have been In
his grave than standing where he did. His
life had been above reproach, and he feared
no inquiry into 1t. He claimed that there
were discrepancies In the testimony which
should never have been admitted into the
case. "Where did all the gore spoken of
in the case come FROM" he wished to know.
The bloody garments of Mrs. Page had not
been produced or the washer, OF them,
her cuts and bruises, except those on the
upper and lower lip. Lydia Perry, the
servant of Mrs. Page, was In the witness
room during the trial day after day, but
was not called by the government because
che would tell the truth and was not wanted.
In regard to the notes and letters he said
that he was not compelled to return any Of
them, but he did give them up, retaining
only two. 1t had been intimated that he
held those which would prove most bene-
fetal for him when produced in court
This he pronounced utterly false. He de-
claIed that he had never done anything re-
fectipg on the chastity Of Mrs. Page, and
the two notes held by him were discovered
after the others had been delivered to her.
He scorned the imputation made and con-
sidered himself far above such an act
Had he selected notes for presentation In
court the ones produced would not have
been those chosen by him.
The prisoner then referred to the man.
ner in which his trial had been conducted,
and began an attack upon the district at
torney, and was becoming quite bitter
when the court interfered and told him that
he was getting beyond his bounds. West
apologized and resumed, but again be-
came personal, and was stopped by his
counsel He hesitated few seconds and,
resumiDg, said that by the advice Of his
counsel he would not say anything more.
That, he said, was his,frst appearance be.
fore any court, and hoped that It would
be his last. He reasserted his innocence
Of any intent to do wrong and claimed
that he would, go to his punishment with
would patiently wait, that time might
right his wrong. "Truth crushed to earth
would rise again." In time the clouds
that hung over him would break, and his
good name be restored. 81 am now ready
to receive my sentence" he said, and folded
his hands before him as II resigned to his
fate.
Justice Macarthur said that he did not
see how the jury, under the TESTIMONY,
could have done differently. 1t was true
that the assault was made at night In the
bedchamber, and 1t was true that the pris-
oner committed the act. With these two
facts against him the defendant had tried
to meet the charge with the statement that
he did not know where he was or what he
was doing at that time. Able counsel had
presented this defense to the jury, but they
did not think 1t made out a satisfactory
answer, and returned verdict against the
prisoner. He did not see how they could
have done differently. The circumstances
of the crime were Of an aggravating and
cruel character, and although the prisoner
had been recommended to the mercy Of the
court, on account OF his previous good
character, still he felt that he must inflct q
punishment somewhat In keeping with the
terrible and horrible crime committed. He
then sentenced him to six years at hard
labor In the Albany penitentiary.
On motion, the execution Of the sentence
was stayed until after the hearing In the
general term of the appeal taken. West
received the sentence without display of
feeling, and subsequently, after consulting
with his counsel, was taken back to jail.
SALVATION OIL, the greatest cure on earth